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Nursing Home Abuse & Neglect
Attorney
Law Offices of Terry Duncan
Charlotte, North Carolina
 Nursing
home abuse and neglect is one of the most horrific of all wrongs that
can be done to our elderly loved ones. Signs of nursing home abuse and neglect
can include broken bones from falls, serious infections, sexual assaults, wrong
medications, serious bed sores that require hospitalization or surgery, not
giving required medication, assaults by other patients or staff, malnutrition,
unexplained deaths, and other forms of neglect or abuse.
Most nursing home neglect and abuse cases go unreported. If you have a suspicion
that there is abuse and neglect, you are probably right. Common signs are the
patient complaining of hurting, lack of care by the staff, taking a long time to
answer the call button, allowing patients to lie for many hours without turning
the patients, the staff refusing an authorized relative to view medical records,
and a general don't care attitude by the staff.
Our loved ones do deserve
better. They and you are paying the large corporate nursing homes to take care
of them in one of their most helpless times in life. It is up to you to protect
them now as they protected you many years ago when you were young and
helpless. Most all nursing homes have insurance to pay for these terrible things
that happen to your loved one. Jury verdicts and settlements are usually in the
six and seven figure dollar amounts. Be sure to take pictures of your
loved ones injuries.
We work on a contingency basis and there is no charge to
you unless we win money for your loved one or his or her family. We usually pay
for most of the cost of a law suit and are reimbursed when we win. So there is
very little money out of your pocket. If you would like a free consultation
please call us at 704-563-1224 for a free initial consultation.
I don't have the tens of thousands of dollars to pay an attorney for
this case. How is attorney Terry Duncan paid?
Normally, we work on what is known as a contingency basis. If you win and are
awarded money through a settlement or by a jury award, we receive a percentage
of the award or settlement. We advance nearly all of the cost of litigation,
which could be from $5,000 to over $100,000. So in theory, there is no money out
of your pocket unless you win. We are repaid our advance of costs, and the attorney's fees only if you win. If, in the unlikely case you do not win, you do
not owe us any of the money we have advanced on your behalf or any attorney's
fees. You pay only if you are awarded money. See our contingency contract for
details.
Common Types of Nursing Home
Neglect and Abuse
Decubitus Ulcers (Major Bedsores)
 Decubitus ulcers (bedsores) are on of the most prevalent forms of nursing home
neglect. Decubitus ulcers are usually caused from lack of turning the patient
by the staff on a regular basis. Unsanitary conditions, such as not changing the
patient's diapers on a regular basis may also cause decubitus ulcers. Federal
and state law requires the nursing staff to turn the patient on a regularly to
ensure proper blood flow to the body parts. Some nursing homes have a "don't
care" attitude and do not care for their patients properly. A patient that lies
in one position for to long will lose blood circulation to the portions of the
body which support the body. This causes a lack of blood flow to the area.
Because of the lack of blood flow, the tissue begins to die and will eventually
"rot" away unless treated properly. A common example to help you understand is
if you were sitting in a chair for a long time, you will shift around in the
chair to restore blood flow to your bottom. Imagine sitting in a chair for
several days not being able to shift or move. Eventually your bottom would
become numb decubitus ulcers to lack of blood and the tissue would begin to die.
That what some nursing home patients endure as they lay in bed, resulting in
these decubitus ulcer's, because they are not turned regularly by the staff.
Decubitus ulcers are usually formed on the bony prominences of the body. They
are usually located in the sacral area (on the lower back near the tail bone),
the buttocks, back of the heels, knees, elbows, and sometimes the upper back.
There are generally four stages of bedsores. Their descriptions are as follows:
Stage I - A stage one decubitus ulcers usually appears as a red spot on the skin
that fails to disappear once the pressure from the area is relieved. It may
appear as a small rash. Stage I decubitus ulcer's can usually be eliminated
with proper treatment and turning by the nursing staff and are sometimes common
with nursing home patients. Usually, the nursing home is not negligent with a
stage I decubitus ulcer.
Stage II - A stage II decubitus ulcer usually begins as a stage I decubitus
ulcer that progresses to a stage II. Stage II decubitus ulcer may appear as a
small blister with maybe slightly broken skin. The skin is usually red, but may
appear as bruise. A stage II should be carefully monitored by the nursing staff
and medical treatment should begin and the patient's doctor notified. Nurses
can begin therapy and skin conditioning. Also things such as air mattresses and
special padding, along with regular two hour turning of the patient, should be
considered by the staff. The staff is not necessarily negligent if the patient
has several stage II decubitus ulcers. Some stage II decubitus ulcers may be
unavoidable.
Stage III - A stage III decubitus ulcer
usually appears as an open wound on the patient. Many
times the wound are bloody or oozing bodily fluids.
They range in size from the size of a dime to the size
of a dinner plate? The skin is open usually to a depth
of a quarter of an inch or more. Immediate medical
attention and treatment should be provided to the
patient. The treating doctor of the patient should be
aggressively treating this wound and hospitalization
should be considered? Infection that could kill the
patient is possible. Usually, unless unforeseen and
unavoidable circumstances are involved, the nursing
staff is negligent if they let a decubitus ulcer
progress to a stage III.
Stage IV or unstageable - A stage IV decubitus ulcer is
considered the worst type of decubitus ulcer. The
wounds are open and usually bloody. There is usually a
strong stench or odor that is usually caused by
infection and unsanitary conditions in the wound
itself. When you see a stage IV you will know it, and
it will usually gag and repulse you. They range in size
from about a quarter coin in size up to the size of a
large dinner plate. They usually have a depth down to
the bone and tendon, with bone and tendon visible, which
could be several inches in depth. Usually
hospitalization, with a surgeon cutting out the dead
rotting flesh (debridement) is required. Many patients
never recover from stage IV decubitus ulcer decubitus
ulcer to infection, shock, and other complications. One
of the major complications of Stage IV decubitus ulcers
is sepsis, or septicemia, which is commonly known as a
whole body infection that attacks all the organs of the
body. Many times sepsis will kill the patient. Usually
the nursing staff is negligent for allowing a patient to
progress to this deplorable, terrible condition and most
juries at trial return high monetary verdicts based upon
this condition.
In the event you have a loved one that has a stage III
or stage IV decubitus ulcer, be sure and take several
close-up color photographs with a good camera of the
wound without bandages on the wound. The nursing home
will always object to you taking pictures, so you will
have to take the pictures while the nursing staff is not
in the patient's room. (Of course you must be an
immediate family member or have the patient's permission
to take the photograph). At trial, no one will believe
you as to the terrible condition your loved one was in
until you show the jury the pictures. Remember that a
picture is worth a thousand words. Once the picture is
shown, the nursing home and their insurance company will
usually be willing to compensate the patient, or their
estate, for the terrible way the patient has been
treated.
What is the compensation by a jury for a stage III or IV
decubitus ulcers?
Depending upon your case and the degree of negligence by
the nursing home, settlements or jury verdicts ranging
from $25,000.00 to over $1,000,000.00 are not uncommon.
These are estimates only! No dollar amount is
guaranteed.
Please call our office immediately at 704-563-1224 or
1-800-281-6917 if you loved one has suffered from a
stage III or IV decubitus ulcer (bedsore) for a free
consultation.
Dehydration and Malnutrition
 Dehydration and malnutrition is the lack of water (liquids) and food
(nourishment) to the body. Most of the time our body tells us that we are
thirsty or hungry and we drink liquids and eat food to replenish out bodies.
Sadly, many nursing home patients cannot communicate their needs and they rely
upon the nursing staff at the nursing home to provide water and food for them.
Many nursing homes have the philosophy of "out of sight, out of mind." They will
leave a tray by the patient's bed and leave and come back a few hours later. If
the food has not been eaten they may assume the patient was not hungry. When in
fact the patient is being starved and dehydrated because the patient is not able
to feed himself/herself. This lack of food and water causes all kinds of
problems to the patient, who is already in a weakened state. Hundreds of
patients die prematurely in nursing homes each year because of malnutrition and
dehydration. Sadly, many people die from dehydration and malnutrition and the
cause of death was diagnosed as "old age" symptoms such as heart failure,
infections, etc. Symptoms of dehydration is thirst, fatigue, muscle weakness,
sunken eyes, lack of urine and tears, headaches, dizziness, and lethargy. Nurses
should be able to recognize the symptoms of dehydration. Signs of malnutrition
are weight loss, protruding belly, change of skin tone, and weakness. Nurses
have the ability to run blood test with a doctor's permission for additional
clinical signs of malnutrition.
If your loved one has suffered from other problems or has died recently for no
known reason, they may have died or suffered from dehydrated or malnourished.
This condition is the catalyst to cause other life threatening conditions.
Please give us a call at 704-563-1224 or 1-800-281-6917 for a free consultation
if your loved has died under mysterious circumstances that could be caused from
dehydration and malnutrition
Fall Injuries
 Because of a nursing home patient's weakened physical and mental condition; they
may have trouble standing and walking. They are at risk of falling and injuring
themselves. The nursing homes are aware of this risk of falling, and certain
precautions should be implemented by the nursing homes to prevent these falls.
Sadly, the nursing homes are careless and allow the patients to fall, many times
breaking bones and causing head injuries and death. Most elderly patients have
very poor bone healing ability and a broken bone at their age could cause them
to become an invalid for the rest of their remaining life. Be especially careful
of the possibility of a fall involving a head injury, if your loved one has an
unexplained death or becomes suddenly unconscious. This is true especially in
Alzheimer patients. Give us a call at 704-563-1224 fro a free phone
consultation.
 Wandering
Wandering is when a patient, usually with dementia or Alzheimer, leaves the
nursing home without the knowledge of the nursing staff, and is exposed to the
outside elements such as weather and traffic and is injured or killed. The
nursing homes are normally negligent by allowing a patient to leave the facility
and be injured or killed.
Patients have frozen to death or have been struck by cars when they have
wandered from the nursing home.
Wrong Medications or Lack of Medication
 Many
elderly nursing home patients require their medication to survive. It is
the responsibility of the nursing home to ensure that the patients are provided
their medication and the patient take the medication. Many nursing homes fail
to monitor the dispensing to the patient of the medication. The patient
then suffers or dies because of the lack of their medication. Sometimes
the patient is given the wrong medication that causes serious injuries or death.
Impacted Bowel
 This condition is one of the worst conditions. The bowel is obstructed by a
blockage and the patient cannot eliminate bodily waste. This waste or
obstruction can cause rectal infection that can lead to sepsis and death. Of
course many nursing home patients cannot communicate this problem. It is up to
the nursing home to monitor the patient's bowel movement. We know of one client
who did not have a bowel movement in 13 days while at a nursing home. The
nursing home did not realize this and the patient's rectum became necrotic
(rotting tissue) and the patient died.
Infection
Many nursing home patients are susceptible to infections, some of which are life
threatening. Urinary tract infections due to catheters are common. The nursing
homes should be watching for signs of urinary tract
 infections. Sepsis, a whole
body infection, which is one of the deadliest infections, can be caused by decubitus ulcers (bedsores) and other open wounds or infections. Sepsis is very
serious and the nursing home must be diligent and watch for signs of sepsis.
Other Neglect and Abuse
There are many other forms of injuries that may occur in nursing homes. If your
loved ones have suffered another type of injury please do not hesitate to
contact our office if we can assist you in any way.
We work on a contingency basis and there is no charge to
you unless we win money for your loved one or his or her family. We usually pay
for most of the cost of a law suit and are reimbursed when we win. So there is
very little money out of your pocket. If you would like to discuss your
situation
please call us at 704-563-1224 for a free initial consultation. Please
contact Terry Duncan
today or use our free
evaluation form. |
